NEW YORK — New York Supreme Court Justice Milton A. Tingling invalidated the city’s ban on sugary drinks one day before it was to take effect.
Judge Tingling called the ban “arbitrary and capricious,” which coincided with complaints from business owners and the beverage industry.
The judge ruled that the Board of Health had overreached its bounds in approving the ban and that the rules would create confusion in enforcement. Case-in-point, dairy-based beverages such as milkshakes, would be exempt and only enforced in certain establishments, such as restaurants and delis — not in other establishments, such as convenience stores.
NYC Mayor Michael Bloomberg claims the city will appeal. “I’ve got to defend my children and yours, and do what’s right to save lives,” the mayor is quoted as saying by The New York Times. “Obesity kills. There’s no question it kills.” He added: “We believe that the judge’s decision was clearly in error, and we believe we will win on appeal.”
Bloomberg has spearheaded this latest effort to combat obesity and was intending to ban the sale of sugary drinks in containers larger than 16 oz in restaurants and other venues in the city.